Cooper v. United States

MARTIN, Chief Justice.

The appellant was tried upon an indictment containing two counts, one of which charged embezzlement, the other larceny. He was convicted of embezzlement and acquitted of larceny, and sentence was imposed accordingly. The present appeal presents but a single assignment of error, to wit, the claim that a fatal variance appears between the allegations of the charge of embezzlement contained in the indictment, and the proof in support thereof.

It was charged in the indictment that the defendant, while employed and acting as agent and clerk of the National Fruit Product…